MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 6, 1997 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Rogers; present. *Council Members Ferris and Kamen absent. Cathy Holdeman, City Manager's Office; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. John McCully- Smith. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Kamen present. Minutes -- The minutes of the regular meeting of April 29, 1997, were -- approved approved 5 to 0. (Ferris absent, Knight abstained) UNFINISHED BUSINESS 29TH STREET N. IMPROVEMENTS TO 29TH STREET NORTH FROM AMIDON TO ARKANSAS. (District VI) Continued from April 29, 1997. CPO North Central Council voted 9-0 to recommend approval of a four-lane project. Bill McKinley Traffic Engineer reviewed the item. Notices were sent to all addresses of businesses and homes along that section of 29th Street. The School was contacted and indicated that no further buses could be removed if sidewalks were installed on both sides of 29th Street. Mabel Abrahams called and indicated she desired the 4-lane instead of the 3-lane project. Ray Shepherd Ray Shepherd, 921 W. 29th Street North, asked if the purpose of the project was to beautify the area or for traffic reasons. Mr. Shepherd said there are few houses or businesses from Woodland to the bridge. If the center lane is installed on the 3-lane project, there is a possibility of more accidents. Now, most of the time, there is no traffic problem. Mr. Shepherd said he would like to have the drainage and sewer done but not the remainder of the project. Bill McKinley Traffic Engineer advised that the increase in traffic along 29th Street is forecast to increase. Sidewalks will be built on both sides and drainage improvements will be made. Barton Otti Barton Otti, 902 W. 29th Street North, stated that there are between seven and eight thousand vehicles a day that travel the street and a four lane street, sewer, and sidewalks are needed. Fredonia Parrott Fredonia Parrott, 755 W. 29th Street North, spoke in favor of the 4-lane project and said her main concern was drainage and water control. Ray Parrott Ray Parrott, 755 W. 29th Street North, urged approval of the 4-lane project and expressed concern about underground drainage as surface water now stands in the street. Bob Kaplan Bob Kaplan, Attorney representing Ron Abraham and two automotive shops on 29th Street North, stated that three lanes should be sufficient until the year 2020. Mr. Kaplan said the businesses he represents would die if parking spaces were lost. Seven thousand cars is not a lot of cars and a four lane road is not needed. Richard Jesse Richard Jesse, 3201 Woodland, presented a petition with 44 signatures, 42 of which abut 29th Street, in favor of the 4-lane project. Francis Hinkle Francis Hinkle, 3032 Shelton, said the people in the area have waited many years and deserve a four lane street. Council Member Cole Council Member Cole said the project originated as 4-lane and was budgeted as 4- lane. The Traffic Department said 3-lane was adequate but, today, the City is back to a majority wishing to return to a 4-lane project. Council Member Rogers Council Member Rogers stated that this is quite a dilemma. Kaplan's argument is logical. The possibility of losing businesses cannot be refuted and if a three- lane road is adequate, there is not comfort in approving a 4-lane. Bill McKinley City Engineer explained that the capacity at Amidon and Arkansas Street was 7,000 cars and that is the breaking point for a 2-lane road. A 4-lane road can handle 14,000 cars a day and a 3-lane can handle somewhere in between. Abe's Restaurant parking would not be affected. The Certified Transmission building is probably on City right-of-way. The project could probably be done without taking the right-of-way. The remaining automotive building is almost to the property line but there would probably be no corner clip needed. *Council Member Ferris present Motion -- Cole moved that, subject to verification of the signatures on the petition presented at this Council meeting, the four-lane project be approved; -- carried and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring 29th Street North from Amidon to Arkansas (472-82805) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ESCORT SERVICES ESCORT SERVICES REGULATION. Cathy Holdeman City Manager's Office reviewed the Item. Gary Rebenstorf Director of Law reviewed the regulations. Agenda Report No. 97-378. At the March 18, 1997, City Council meeting, former Council Member Cather raised questions concerning the current City Code requirements for licensing of escort services. The Council directed staff to review the questions raised by Mr. Cather and report back. Former Council Member Cather requested research regarding ordinance changes requiring the licensing of escort service workers, disclosure of workers' names, all aliases, criminal records, addresses for four or five preceding years, and other vital statistic information. The Council also directed staff to review ordinances from other cities related to escort services to see if any provisions therein could be used to strengthen the City's ordinance. As to the disclosure of escort workers' names, the City's current escort service licensing ordinance requires the disclosure of the information specifically mentioned by Mr. Cather. The application to obtain a license for either an escort and an escort service runner requires such disclosure. The Law Department staff contacted the International Municipal Lawyers Association, and conducted research to locate the escort ordinances of eleven (11) other cities. The research disclosed that the ordinances of the other cities contain much the same provisions as the City's current escort service ordinance. Further, research was conducted regarding the relevant case law dealing with escort licensing ordinances and the research revealed that ordinances in other cities that contain language similar to the City's present ordinance have been upheld in various court decisions. Police Department personnel also reviewed the matter and indicated that there did not appear to be any ordinance changes necessary to enforce the current escort services ordinance. Accordingly, at this time, it does not appear necessary to make changes to the current escort service licensing ordinance that would benefit the City's enforcement efforts. Gary Rebenstorf Director of Law reviewed the legal definition of moral turpitude and explained that any person convicted of a felony would not be able to obtain a license. Violations of the ordinance can be prosecuted and an injunction can be placed on the business. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. NEW BUSINESS HANDICAPPED PARKING HANDICAPPED PARKING ORDINANCE AMENDMENTS. Cathy Holdeman City Manager's Office reviewed the Item. Gary Rebenstorf Director of Law reviewed the Ordinance provisions. Agenda Report No. 97-379. On April 22, 1997, the City Council heard public comments regarding the City's handicapped parking ordinance. The Council decided to keep the $100 fine, but make exceptions for handicapped persons who have a current placard and identification card, but fail to display the placard. The Council directed staff to prepare amendments to the ordinance to provide that the municipal judge would have the discretion to reduce the fine to not less than $50, with the authority to remit any court costs imposed, and reduce the community service alternative to 10 hours (in line with the reduced ticket amount). The proposed amendments to the ordinance retain the $100 fine, but provide discretion to the judge to reduce the fine to not less than $50, when a handicapped person produces evidence of possessing, at the time of the offense, a current and valid special license plate, permanent placard, disabled veteran license plat or temporary placard, in addition to a current and valid identification card. Further, the judge has discretion to remit or suspend a portion of the fine. The amount of the fine which can be remitted by the judge is limited. The minimum fine which must be paid by a defendant who is found guilty of violation of the ordinance is limited to $50, including court costs. Court costs are $37 if the case is disposed of at the appearance date, with additional court costs being imposed for trial. Accordingly, the judge has the discretion to reduce the fine to $50, plus $37 court costs, or reduce the total amount paid to $50, including court costs, depending on the circumstances of the case, i.e., first offender, second offender, etc. The ordinance also allows the judge to order ten hours of community service in lieu of the reduced fine. Due to state statutes, K.S.A. 12-4116 and K.S.A. 12-4117, which require municipal courts to forward certain portions of court costs assessed to Topeka to cover training and education of municipal court judges, and to support the law enforcement training fund, it would not be prudent or appropriate to waive court costs for handicap parking tickets. If such approach was adopted, and court costs were waived, the City would still be responsible for remitting to the state seven dollars for each case in which a defendant was found guilty. The fine for offenses committed by handicapped persons may be reduced from $100 to $50, depending on the decision of the Municipal Court judge. On April 22, 1997, the City Council approved Ordinance amendments to reduce the fine imposed for handicapped individuals who have a current placard, but fail to display the placard. Gary Rebenstorf Director of Law, responding to questions, said the judicial discretion would not apply to a person driving a handicapped person; rather, the discretion would apply only to a handicapped person. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the amending Ordinance be placed on first reading and be made applicable to any tickets pending or written on or after April 22, 1997. Motion -- carried carried 6 to 1. Cole - No. ORDINANCE An Ordinance amending Section 11.52.020 of the code of the City of Wichita, Kansas, pertaining to unlawful parking, and repealing the original of said Section, introduced and under the rules laid over. Council Member Rogers left the bench. GIS REPORT ON GIS IMPLEMENTATION. Ray Trail Director of Finance reviewed the item. Lori Wilkerson GIS Manager - Data Center, gave a power point presentation. Agenda Report No. 97-380 The Data Center and other City departments have been exploring GIS as computer technology for the several years. This effort has included a joint city/County/Private Sector committee to establish some common standards and protocols to permit information sharing among agencies. The goal/value of GIS is the application of new technology to achieve the following: Aid City Council in policy decision making Assist Departments in resource deployment Increase productivity Provide improved public services Public Safety Accurate up-to-date information Real time information On-line access Activities involved in GIS, include: Finish GIS Master Plan Secure input from City Council Phase-in GIS plans for approval (examples of possible applications) Emergency response analysis (911) Hydrant location and management Hazardous plume/evacuation routes Police resource/manpower allocation Response time analysis Real time Zoning analysis Bus route analysis Airport hazard and noise zone maps Utility management and location Demographic population analysis Capital improvement management Code enforcement management Secure input from Departments Identify action/financing plan In the future, the City Council will be seeing detailed action steps to implement this technology, including costa and benefit information. The presentation at this time is to provide a status report, and to solicit general comments and direction from the governing body on how to proceed to implement this technology. Funding for GIS research and development, as well as ongoing utilization of (limited) GIS application is included in the budget of the Data Center and operating department (e.g. Water/Sewer). Funding for full implementation of GIS organization-wide is not included in the budget; additional funding for GIS applications will be part of the City Council's future review and action. The Director of Finance will report. Council Member Kamen left the bench. Council Member Rogers present. Ray Trail Director of Finance, responding to a question, said the two positions and equipment cost approximately $150,000 per year. The company is the soft-ware provider. The City and Sedgwick County share information and standards. Joint aerial photographs and other things are not as detailed as some of the information shown today, such as the Old Town detail. OCI, Planning, and other Departments will each keep their portions of the information updated. Any data that is available can be manipulated into the system. Policy will need to be set regarding the cost to the public for information. The cost could be set on a cost recovery basis. The time-frame for full implementation will be from three to five years. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the report be received and filed. Motion carried 6 to 0. (Kamen absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO PUBLIC WHOLESALE WATER SUPPLY DISTRICT #10. Gerald Holman is recommended for appointment. Motion -- Knight appointed Gerald Holman and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Kamen absent) SDA IV LOCAL ELECTED OFFICIALS BOARD MEMBERSHIP. Agenda Report No. 97-381 The Job Training Partnership Act (JTPA) provides funds to states to establish programs which prepare youth and adults for entry into the labor force Under JTPA each state is divided in Service Delivery Areas (SDAs). The City of Wichita is in SDA IV which is comprised of the counties of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick. Within each SDA a governing structure is established between Local Elected Officials (LEOs), who are represented by a LEO Board in SDA IV, and private and public sector representatives who are appointed to a Private Industry Council. This governing structure is responsible for policy, program development, and oversight of JTPA programs generated within the SDA. The Local Elected Officials Agreement of SDA IV codifies the framework and responsibilities of the LEO Board for this area. The current LEO Agreement expires on June 30, 1998 and was approved by the Council at its May 7, 1996 meeting. The agreement specifies the LEO Board shall include in its five members the Mayor of the City of Wichita and two representatives from the Wichita City Council. Mayor Bob Knight and Council Member Gale are currently serving as LEO Board members. Former Council Member Cather was filling the other City membership position. Council Member Ferris is currently serving as one LEO Board alternate. The Council needs to select one City Council member to replace Former Council Member Cather on the LEO Board and it may select one additional LEO Board alternate (two if Council Member Ferris is selected as the replacement for Former Council Member Cather). The selection of LEO Board members obligates no general fund moneys. The 1996-98 LEO Agreement was approved by the Council at its May 7, 1996 meeting. Motion -- Knight moved that Council Member Lambke be selected to serve on the Local Elected -- carried Officials (LEO) board. Motion carried 6 to 0. (Kamen absent) Motion -- Knight moved that Council Member Ferris be selected to serve as an alternate. -- carried Motion carried 5 to 1. Ferris - No. (Kamen absent) OFF AGENDA APPOINTMENT - AIRPORT AUTHORITY Motion -- carried Gale moved that an off agenda appointment be made. Motion carried 6 to 0. (Kamen absent) Motion -- Gale appointed Ron Cornejo and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Kamen absent) NOTICE OF VACANCY - ART MUSEUM BOARD. One vacancy (Rogers), due to the nonattendance of Shirley Smith, for a term expiring June 30, 1997. The appointment be made May 20, 1997. PROCLAMATIONS PROCLAMATIONS. -- World Trade Week -- NAIW Week Motion -- carried Knight moved that the Proclamations be issued. Motion carried 6 to 0. (Kamen absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 16, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Kamen absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 5,1997. At 10:00 a.m., Friday, May 2, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 4, 1997. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Relocation of Sanitary Sewer at Friends University, Sanitary Sewer #8. (468-82684/621540/533265) Does not affect existing traffic. (Council approval date 1-7-97) (District VI) Dondlinger Construction Company, Inc. - $21,745.00 Storm Water Drain No. 127 to serve Bradford North Addition (west of Tyler, south of 29th). (468-82677/750919/485127) Does not affect existing traffic. (Council approval date 2-25-97) (District V) Bergkamp Construction - $16,157.00 (Engineer's Construction Estimate) Lateral 31, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition (north of 13th, east of 119th St West). (468- 82156/743021/480394) Does not affect existing traffic. (Council approval date 3- 17-92) (District V) Mies Construction Co., Inc. - $41,518.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Kamen absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Deana L. Herington D & K Investments, Inc.4815 E. Pawnee dba Family Game Room* (Consumption off Premises) David F. Gillis Osco Drug Store #21478131 E. Kellogg David F. Gillis Osco Drug Store #2148601 N. West St. Ste 100 New Establishment 1997 (Consumption on Premises) Randy Chiao Happy King Chinese 318 W. 29th N. Restaurant* *General Restaurant-Beer Sales derive less than 50% of gross revenues. #Located within 150 feet of a residential district. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Kamen absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Preservative Seal of Asphalt Streets. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District All) (131540/110000) b. 1997 Contract Maintenance Quick Set Slurry Seal of Asphalt Streets, Phase II. Traffic to be maintained through construction using flagpersons and barricades.(Council approval date 3-4-97) (District All) (131557/110000) c. 1997 Contract Maintenance Micro-Surface Seal of Arterial Streets Phase II (Various Locations). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3- 4-97) (District All) (132274/112000) d. 1997 Contract Maintenance Surface Milling and Asphalt Overlay of Arterial Streets, Phase III, Joint Repair on 13th Street North. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District V) (132282/112000) e. Replacement of concrete on entrance terrace to the recreation center in Edgemoor Park (Edgemoor and 9th Street North). Does not affect existing traffic. (Council approval date 2-4-97) (District II) (472- 82793/785659/440097) f. Reconstructing sanitary sewer lines in the area bounded by Maple, Douglas, Meridian and Seneca (north of Maple, west of Seneca. Traffic to be maintained through construction unless closures authorized by the City. (Council approval date 1-14-97) (District VI) (468-82708/621706/533281) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 16, 1997. Motion carried 6 to 0. (Kamen absent) SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Bay Country, Bay Country Circle and Cindy to serve Country Meadows West (north of Central, west of 119th Street West). (472- 82777/764274/490530) Does not affect existing traffic. (Council approval date 3- 18-97) (District 5) 2. Spring Meadow and Spring Meadow Courts to serve Reflection Ridge 7th Addition (south of 29th, west of Ridge). (472- 82561/764282/490531) Does not affect existing traffic. (Council approval date 3- 21-95) (District ) 3. Bluestem, Hoyt Circle, Fox Run Circle and Stoneybrook to serve Brentwood Village Addition (south of Harry, east of Webb). (472- 82795/764217/490524) Does not affect existing traffic. (Council approval date 3- 25-97) (District ) 4. Lateral 4, Main 18, Southwest Interceptor Sewer to serve Buckhead 2nd Addition (north of Central, west of 119th West). (468- 82704/743078/480400) Does not affect existing traffic. (Council approval date 4- 15-97) (District 5) 5. Water Distribution System to serve Buckhead 2nd Addition (north of Central, west of 119th West). (448-89139/733798/470458) Does not affect existing traffic. (Council approval date 4-15-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 16, 1997. Motion carried 6 to 0. (Kamen absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Residential Concrete Reconstruction Phase II - $137,500.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) (131-516) b. 1997 Contract Maintenance Arterial Concrete Reconstruction, Phase II - $385,000.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) (132-357) c. 1997 Contract Maintenance Bridge Deck Resurfacing (Central Avenue over the Canal and northbound K-15 over the Canal) - $294,800.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I & III) (132-449) d. Kellogg Avenue, Kellogg/Oliver Interchange, grading, surfacing, bridges, fencing, landscaping, lighting, signing, pavement marking, and signalization (Kellogg and Oliver) - $37,447,239.30. Traffic to be maintained through construction. (Council approval date 2-25-97) (District II) (702043/401-093) e. Water Distribution System to serve Country Acres 4th B Addition (east of Ridge, south of 13th) - $16,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 3-4- 97) (District V) (448-89125/733709/470-448) f. 21st Street Accel/Decel and Left turn Lanes to serve Tallgrass & Tallgrass Commercial 5th Additions (north of 21st, east of Rock/north of 21st, east of Rock/south of 21st, east of Webb/east of Rock) - $244,900.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 5-2-95/5-2-95/5-21-96/3-18-97) (District II) (472- 82580/82581/ 82728/82806/764001/763995/763698/764225/490-503/490-502/490-472/490- 525) g. 36", 16" and 8" Water Mains along 21st Street North from Clubhouse to 127th Street, and in 127th Street from 21st Street to Tallow (21st Street North, 127th Street East) - $2,605,061.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7- 18-95) (District County) (448-88951/632307/544-513) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) STATEMENTS OF COST STATEMENTS OF COST. a. (First Partial) Watson Park Improvements - CIP Project - Total - $49,652.00. (440084/785-535) b. (Final) Develop/Rehab Playgrounds - CIP Projects - Total - $41,060.00. (440086/785-550) c. (First Partial) Site Improvements in Various Parks - CIP Project - Total - $77,910.00. (440090/785-592) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) ADVISORY BOARDS 1996 ANNUAL REPORTS - ADVISORY BOARDS/COMMISSIONS. Council Member Lambke Council Member Lambke inquired as to the purpose of the annual reports. Mayor Knight Mayor Knight requested that a report be submitted to Council Member Lambke and said that Council Member Lambke could request the item be placed on a future agenda if he sees the need. Motion -- carried Lambke moved that the reports be received and filed. Motion carried 6 to 0. (Kamen absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-382. The Union Pacific Railroad company has scheduled the reconstruction of its crossing on 21st Street, west of Mosley and is requesting the approval of a two day closure to accomplish the work. The closure will allow the total replacement of the track structure (rail, ties, ballast, etc.) and the installation of a new concrete vehicular driving surface. The tentative installation schedule is May 13-14, 1997. Twenty-First Street would be closed at approximately 8:30 a.m. on Tuesday and re- opened Wednesday evening. This project will be accomplished at no cost to the City. The railroad is responsible for construction barricades and detour signing during the project. During the closure traffic will be detoured as follows: Eastbound 21st: Main Street to 17th to Mosley to 21st Street Westbound 21st: Mosley to 17th to Broadway to 21st Street There is no cost to the City. Motion -- carried Knight moved that the street closures/uses be approved. Motion carried 6 to 0. (Kamen absent) WEED AND SEED WEED AND SEED COST REIMBURSEMENT AGREEMENT. Agenda Report No. 97-383. The Weed and Seed Program is a federally funded grant program that brings together federal, state, and local crime-fighting agencies; social service providers; representatives of the public and private sectors; prosecutors; business owners; and neighborhood residents to "weed" out violent crime and gang activity, while "seeding" the community with social services and economic revitalization. The Weed and Seed Program is administered in in "officially recognized" sites. Wichita's Officially Recognized Weed and Seed Site is the area bounded by Central, I-135, 29th Street, and Hillside. For federal fiscal 1997, the federal funding for the "weeding" component Weed and Seed Program is from federal asset forfeiture funds through a cost reimbursement agreement between the City and the Drug Enforcement Administration. The cost reimbursement agreement is for $100,000 to pay for police officer overtime, equipment, and vehicle rental. The document "FY 97 Request for Asset Forfeiture Funds' details the City's weeding strategy and use of funds. The Cost Reimbursement Agreement with the Drug Enforcement Administration will reimburse the City for up to $100,000 for police officer overtime, equipment, and vehicle rental utilized in the city's "weeding" efforts. No local match is required. Motion -- Knight moved that the Cost Reimbursement Agreement be approved and the necessary -- carried signatures be authorized. Motion carried 6 to 0. (Kamen absent) OLD TOWN PARKING PURCHASE OF THE NORTH EIGHT (8) FEET FOR OLD TOWN PARKING LOT #5 AND GRANT AN EASEMENT FOR THAT PORTION OF THE MASSCO BUILDING IN CITY RIGHT-OF-WAY. Agenda Report No. 97-384. On December 10, 1991, the Council established the Old Town Parking District and assessment plan. The Phase I parking development plan identified five parking areas for off-street parking and included Lot #5 (referred to as the Massco Lot). On November 10, 1992, the City Council approved the purchase of Lot #5 from Marketplace Properties. Lot #5 is located North of the MASSCO building, on First Street, between Rock Island and Mead, and immediately South of the mid-block, East/West alley. The development plan called for the acquisition of the eight foot property in exchange for sharing the cost of constructing the screening wall between the two developments and MASSCO would eliminate the parking of semi- trailer trucks on public streets. In exchange MASSCO would be provided on-street parking spaces and/or spaces in Lot #5. The 58 space parking lot was completed in May, 1993 with a cedar wood privacy fence with the now familiar red brick pillars that house ornament street lights. This transaction was originally approved at the Council's March 30, 1993 meeting and due to changes that occurred on behalf of both parties the closing never took place. MASSCO Building Associates is now selling the property and wishes to transfer title of the North 8 Feet to the City. They are also requesting the City approve an easement that allows the current encroachment of the existing commercial building on the public right-of-way of Rock Island Street. MASSCO has agreed to the City's purchase of the North 8 Feet of their lot at no cost to the City and in exchange request the Council approve the requested Easement Agreement. The City would grant a perpetual, exclusive, non-public easement for the encroachment of the commercial building in Rock Island street right-of-way for the purpose of operating, maintaining and repairing of the building. The easement will terminate at such time the building is removed or destroyed. The parking improvements and fencing are completed, creating opportunity for additional development in the Old Town area. MASSCO, the Massco property Buyer, and the City will share closing costs including a survey, title insurance, recording fees, or any other miscellaneous charges necessary to accomplish the closing. Lot #5 land acquisitions were made from the 1992 Core Area Land Acquisition/Demolition Project No. CA-9204 of the adopted 1992-2001 Capital Improvement Program. Construction of the parking lot, screening walls, landscaping, ornamental lighting and other amenities was through Old Town special assessment Phase I parking funds. The granting of the Easement Agreement will be at no cost to the City. Motion -- Knight moved that the Purchase Contract and Easement Agreement be approved, and an easement be granted for the encroachment of the commercial building; and -- carried the Mayor be authorized to sign. Motion carried 6 to 0. (Kamen absent) CONTRACT FOR CONSULTING CONTRACT FOR CONSULTING SERVICES - SOUTH SENECA LAWSUITS (CASE NO. 96 C 902). Agenda Report No. 97-385. Early in 1996 a lawsuit was filed by several hundred property owners seeking damages from the City resulting from flooding in the area of south Seneca and 55th Street South in 1993 and 1995. In July 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock and Kennedy to defend the City's interest in this lawsuit. In connection with that representation it was necessary for them to retain the services of Terracon Environmental to evaluate claims made by the plaintiffs and experts retained by the plaintiffs. As the case has progressed it has become evident that the costs of the services the City will need from Terracon will exceed the sum of $10,000. It is necessary for the City to approve a contract with Terracon so that they can continue to provide necessary scientific evaluation of the case and expert services in anticipation of trial. This is a large and complex lawsuit which has required significant preparation time. It is anticipated that consulting fees could exceed $60,000 over the next several months while the case is being prepared for trial in October of this year. The claims of the plaintiffs aggregate well over $6,000,000. The amount of the contract between the City and Terracon is for an amount not to exceed $60,000. These fees will be paid from the tort liability fund. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) RETIREMENT REPORTS WICHITA EMPLOYEES' RETIREMENT AND POLICE & FIRE RETIREMENT ACTUARIAL VALUATION REPORTS (JAN. 1, 1996 - DEC. 31, 1996). Agenda Report No. 97-386. The Wichita Employees' Retirement (WER) Board and the Police & Fire Retirement Board employ Gabriel, Roeder, Smith & Company to serve as technical advisor/consultant and to supply the Boards with information relative to actuarial phases of the operation of the systems. The actuary recommends the mortality, interest and other required actuarial tables; makes an annual valuation of liabilities and reserves, an annual determination of the amount of contributions necessary to meet requirements for annuities and benefits, certifying the results to the Board; and reviews the operating experience of the systems as a check of the adequacy of the recommended actuarial standards. The funding objective of the WER and P&F Systems is to establish and receive contributions, expressed as percents of active member pensionable payroll, which will remain approximately level from year to year, and will not have to be increased for future generations of citizens, in the absence of benefit improvements. The Systems are supported by: (1) member contributions, (2) city contributions, and (3) investment income from retirement fund assets. The actuaries report that the City's WER contribution requirement for the fiscal year beginning January 1, 1998 has been computed to be 8.4% and the City's P&F contribution requirement is 17.5% of active member pensionable payroll. These rates are based on the benefit provisions and active member contribution rates in effect December 31, 1996. Of the total dollar amount contributed to WER, 4.1% of Plan 3 payroll is allocated to individual Plan 3 members. The funding objective contribution requirement has been computed to remain level from year to year as a percentage of active member pensionable payroll, so long as benefits and demographic make-up of members does not change materially, and experience assumptions are realized. The unfunded liabilities, funding ratio (liabilities covered by assets), and employer contributions for the WER and P&F Funds over the past five (5) years are shown below: WER Period Unf'd Act P.V Funding Ratios Employer Ending Accrued Benefits RatiosContributions November 30, 1992 2,647,000 98.60% 9.5% November 30, 1993 834,000 99.60% 9.5% November 30, 1994 (1,809,000) 100.80% 9.4% December 31, 1995 (6,511,000) 102.80% 9.0% December 31, 1996 (23,718,000) 109.80% 8.4% P&F Period Unf'd Act.P.V. Funding Employer Ending Accrued Benefits RatiosContributions November 30, 1992 25,516,000 87.00% 23.3% November 30, 1993 20,448,000 89.80% 22.7% November 30, 1994 19,734,000 90.70% 22.6% December 31, 1995 7,084,000 96.80% 18.3% December 31, 1996 (940,000) 100.40% 17.5% In summary, the actuaries report: "Aggregate experience of the Retirement System during the 12 months ended December 31, 1996 was more favorable than assumed. The increase in the funded ratios and the decrease in the funding objective employer contribution rates reflect the aggregate experience during the year. The cost to fund the WER System is 8.4% of pensionable payroll in 1998. The cost to fund the P&F System is 17.5% of pensionable payroll in 1998. Motion -- Knight moved that the reports be received and filed and the 1998 Retirement fund -- carried contributions be approved. Motion carried 6 to 0. (Kamen absent) WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 97-387. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity but are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided, and includes a total of 218 handguns and 60 long guns. The destruction of the weapons will be witnessed and monitored by Staff. Upon review by the City Council, the necessary court documents will be prepared to proceed with destruction of the listed weapons. Motion -- Knight moved that the list of weapons be received and filed. Motion -- carried carried 6 to 0. (Kamen absent) CHANGE ORDER CHANGE ORDER/MCFADDEN CONSTRUCTION. Agenda Report No. 97-388. On December 9, 1994, the City of Wichita entered into a contract with McFadden Construction Co., Inc., for the replacement of nine units of dilapidated Public Housing. Shortly before the project was to commence, a new ordinance pertaining to the construction of homes in a flood plain came into law. Five of the homes were in the flood plain and subject to the new requirements causing a delay while the houses were re-engineered to meet more stringent guidelines. A requirement of the HUD replacement funding used to build the homes required that they be built on the site of the previous homes and could not be relocated to avoid the costly changes. On December 12, 1995, McFadden Construction Co., Inc., submitted a change order in the amount of $151,267, to cover the cost of changes due to the re-engineering and other costs. The homes were completed and accepted into the Public Housing inventory in March of 1996. Upon receipt of the change order request ($151,267) in December of 1995, staff processed the request and recommended a portion of the costs be approved. City staff met with HUD representatives, HUD engineers and HUD appointed architects to develop a change order request that represents the cost of the work completed. The change order in the amount of $49,673, represents an amount that HUD and Housing Staff have recommended for approval. The cost includes expenses directly related to the foundation changes, small improvements to the floor plan and air conditioning for all of the units. The other charges requested by McFadden Construction are in dispute and will be handled under separate action, as needed. HUD has approved the recommended change order and made funds available for payment from the HUD development fund. It is recommended that the City Council approve the change order in the amount of $49,673 for payment from KSP16004012-Development Funds; and authorize payment to McFadden Construction, Co., Inc. Motion -- Knight moved that the Change Order in the amount of $49,673 for payment from KSP16004012-Development Funds be approved and payment to McFadden Construction -- carried be authorized. Motion carried 6 to 0. (Kamen absent) BROOKS LANDFILL CHANGE ORDER/DRAINAGE AT BROOKS LANDFILL. (District VI) Agenda Report No. 97-389. Improvement of drainage at Brooks Landfill is one of the components of the new Brooks permit from the Kansas Dept. of Health and the Environment (KDHE). Improving the site drainage is an important issue in improving the operations and closure of the landfill, and the prevention of leachate into the ground water. In 1995 and 1996, SCS Engineers performed design of needed drainage improvements to Brooks. In 1996, the City Council approved a Change Order with Herzog Environmental, Inc., the present landfill contractor, to construct the initial phase of the drainage improvements. These initial improvements were performed in lieu of a portion of closure work which will not be done under the current contract. The value of the remaining portion of the closure work was to be either a refund to the City, or as in-kind payment for further construction of the drainage improvements needed at Brooks. Completion of the drainage improvements are to be performed in 1997 and 1998, by a combination of in-kind work performed by Herzog and a future drainage contract. Staff has negotiated a Change Order with Herzog Environmental, Inc. to construct further drainage improvements. Work to be performed as part of this Change Order consists of construction of all the drainage channels east of West Street including a Siltation Basin and Basin Discharge Structure, relocation and adjustment of existing monitoring wells, protective lining, erosion control barrier, and seeding of all disturbed areas. This work is necessary for pollution control requirements on site and to meet National Pollutant Discharge Elimination System (NPDES) requirements for the existing landfill. This Change Order will direct Herzog to perform this work in lieu of the remaining closure work at Brooks. By performing this work in lieu of other work in the contract, there is no additional cost to the City for this drainage work. There is no impact to the Landfill tipping fee nor the mill levy. Motion -- Knight moved that Change order No. 3 and 2 be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Kamen absent) BIOSOLIDS CHANGE ORDER/BIOSOLIDS MANAGEMENT FACILITIES. (All Districts) Agenda Report No. 97-390. The Biosolids Treatment and Management Plan Improvements are being administered under three separate contracts: Contract #1, Emergency Sludge Storage Basins (completed); Contract #2, Plant #1 and Plant #2 improvements (to BRB Contractors for $17,999,000); and Contract #3, Biosolids Storage Facility (completed). Contract #2 is for improvements to Plant #1 and Plant #2 and scheduled for completion on November 19, 1997. Change Order #5 is a combination of 12 items which increases the efficiency value to the plants. The associated costs are as follows. - Add electrical modifications -$ 4,921.00 - Miscellaneous control diagram modifications-$ 2,032.00 - Delete special flooring at MCC's -($ 5,934.00) - Digester control building light fixtures-$ 1,267.00 - Add isolation valves at digesters -$ 1,855.00 - Modification @ digester MCC/Lab rooms -$ 3,831.00 - Install 4" rain drain piping -$ 1,833.00 - Install drain piping @ coveyor 11132 -$ 676.00 - Sheetmetal curbs for exhaust fans -$ 470.00 - Metal filler at DAFT support building -$ 414.00 - Reroof DAFT support building -$ 6,376.00 - Screening compactor modifications -$ 3,662.00 TOTAL $21,403.00 The total of Change Order #5 represents 0.119% of the original total project cost and in all cases represents a deduction or added value to the City. Project-to-date change orders have represented only 1.62% of the original $17.999 million bid by the general contractor. On February 7, 1995, the City Council approved the Capital Improvement Program, Biosolids Treatment & Management Plan, (CIP #S-500). There are sufficient funds of $7,160,000 for 1997. USEPA regulations, 40 CFR Part 503 requires municipalities implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Orders in excess of $10,000 require approval by the City Council. Motion -- Knight moved that Change Order No. 5 and 2 be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Kamen absent) PURCHASE OPTION PURCHASE OPTION (HISTORIC OCCIDENTAL COMPANY). (District VI) Agenda Report No. 97-391. Adopt the Resolution and approve the Special Warranty Deed, Termination and Release of Lease Agreement and Bill of Sale. On July 19, 1994, the Wichita City Council approved the issuance of $1,100,000 in Industrial Refunding Revenue Bonds, Series VIII, 1994, to finance the redemption of outstanding Series XCI, 1979 bonds. The 1979 bonds were issued to finance the acquisition of the Baltimore Hotel, located at Second and Main Streets, and its renovation into an office building. Under the provisions of Sections 16.1 and 16.2 of the Lease Agreement for the bond series, Historic Occidental has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $1000. The City of Wichita on April 24, 1997, received a notice from the Historic Occidental Company of its intention to purchase the Facility conditioned upon the sale of the Facility on or before June 30, 1997. Under the terms of the Lease, the City is required to convey the personal property securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City will receive, at the time of closing which is scheduled for May 8, 1997,a check in the sum of $1000 from Historic Occidental Company which represents the purchase price for the facility. The purchase price is $1000 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. this price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the lease have been met. Motion -- Knight moved that the Termination and Release of Lease Agreement and the Bill of Sale be approved and the Mayor be authorized to sign; and the Resolution be -- carried adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-97-118 A Resolution authorizing the City of Wichita, Kansas to convey title to the property acquired, constructed and installed with the proceeds of its Industrial Revenue Bonds, Series VIII, 1994, (Historic Occidiental Company) to Historic Occidental Company; authorizing execution of a special warranty deed, Bill of Sale and Termination and Release of Lease; and authorizing the execution of all such other documents necessary to convey title to such property to Historical Occidental Company, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 4/29/97) a. Sewer Project Supplemental Assessment - (North of 29th North, East of Rock Road). (District II) ORDINANCE NO. 43-479 An Ordinance levying supplemental assessment on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) (Project No. 468- 82634/742916/480-383), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. b. Kellogg/Oliver Interchange. ORDINANCE NO. 43-480 An Ordinance of the City of Wichita, Kansas, amending Ordinance No. 42-171 of the City, in order to restate the estimated cost of improvements and the manner of payment of said improvements therein authorized, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. c. Z-3221 (2853 South Hillside). (District III) ORDINANCE NO. 43-481 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Z-3121 d. Z-3223 (North of 21st North, West of Amidon). (District VI) ORDINANCE NO. 43-482 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Z-3223 e. Z-3224 (East of Lightner, West of Lexington). (District II) ORDINANCE NO. 43-483 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Z-3224 First Reading Ordinance. Special Assessment - Sidewalk Project. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance making a Special Assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA S/D 97-4 S/D 97-4 - PLAT OF THE R.L. CARPENTER ADDITION LOCATED NORTH OF 47TH STREET SOUTH AND WEST OF SENECA. (District IV) Agenda Report No. 97-392. A petition 100 percent, has been submitted for sanitary sewer improvements. A Certificate of Petitions has also been submitted. In order to serve this site, an off-site utility easement has been provided. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Motion -- Gale moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Kamen absent) RESOLUTION NO. R 97-119 Resolution of findings of advisability and Resolution authorizing construction of Lateral 52, Main 3, Southwest Interceptor Sewer (North of 47th, West of Seneca) project No. 468-82709 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. EXECUTIVE SESSION EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice and matters relating to employer- employee negotiations, and the regular meeting be resumed no sooner -- carried than 11:30 a.m. in the City Council Chambers. Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 10:55 a.m. and reconvened in regular session at 11:40 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council adjourned at 11:40 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 MAY 6, 1997 Page 1